Deferred Action for Childhood Arrivals

You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;

Came to the United States before reaching your 16th birthday;

Have continuously resided in the United States since June 15, 2007, up to the present time;

Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

Your situation

Required age

I have never been in removal proceedings, or my proceedings have been terminated before making my request.

At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.

I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.

Timeframe for Meeting the Guidelines

You must prove

That on June 15, 2012 you

As of the date you file your request you

Were under 31 years old

Had come to the United States before your 16th birthday

Were physically present in the United States

Entered without inspection by this date, or your lawful immigration status expired as of this date

Have resided continuously in the U.S. since June 15, 2007;

Were physically present in the United States; and

Are in school, have graduated from high school in the United States, or have a GED; or

Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

Education and Military Service Guidelines

Your school or military status at the time of requesting deferred action under this process

Meet education or military service guidelines for deferred action under this process (Y/N)

I graduated from:

Public or private high school; or

Secondary school.Or

I have obtained a GED.

Yes

I am currently enrolled in school.See the Education section of the FAQs for a full explanation of who is considered currently in school.

Yes

I was in school but dropped out and did not graduate. I am not currently in school and am not an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

No

I am an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Filing Process for Consideration of Deferred Action for Childhood Arrivals

If you meet the guidelines for deferred action under this process, you will need to complete the following steps to make your request to USCIS.

Collect documents as evidence you meet the guidelines.You will need to submit supporting documents with your request for consideration of deferred action for childhood arrivals. You can submit legible copies of these documents unless the instructions specify you must submit an original document.

Any U.S. government immigration or other document bearing your name and photo

Proof you came to U.S. before your 16th birthday

Passport with admission stamp

Form I-94/I-95/I-94W

School records from the U.S. schools you have attended

Any Immigration and Naturalization Service or DHS document stating your date of entry (Form I-862, Notice to Appear)

Travel records

Hospital or medical records

Proof of immigration status

Form I-94/I-95/I-94W with authorized stay expiration date

Final order of exclusion, deportation, or removal issued as of June 15, 2012

A charging document placing you into removal proceedings

Proof of presence in U.S. on June 15, 2012

Rent receipts or utility bills

Employment records (pay stubs, W-2 Forms, etc)

School records (letters, report cards, etc)

Military records (Form DD-214 or NGB Form 22)

Official records from a religious entity confirming participation in a religious ceremony

Copies of money order receipts for money sent in or out of the country

Passport entries

Birth certificates of children born in the U.S.

Dated bank transactions

Social Security card

Automobile license receipts or registration

Deeds, mortgages, rental agreement contracts

Tax receipts, insurance policies

Proof you continuously resided in U.S. since June 15, 2007

Proof of your student status at the time of requesting consideration of deferred action for childhood arrivals

School records (transcripts, report cards, etc) from the school that you are currently attending in the United States showing the name(s) of the school(s) and periods of school attendance and the current educational or grade level

U.S. high school diploma or certificate of completion

U.S. GED certificate

Proof you are an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.

Form DD-214, Certificate of Release or Discharge from Active Duty

NGB Form 22, National Guard Report of Separation and Record of Service

If you have questions call the Customer Service Center at 1-800-375-5283; do NOT visit a USCIS field office in person.

Write your name, date of birth, and mailing address exactly the same way on each form.

Failure to submit Forms I-821D, I-765, I-765WS and the $465 fee will result in your package being rejected.

We prefer that you download the forms from our website, fill them out electronically, and then print your forms.

Use black ink only. Do NOT use highlighters or red ink on your forms as they may make your materials undetectable when scanned.

Ensure that you are using the correct edition of the form. The correct, most current edition of every USCIS form is always available for FREE download on this website.

Ensure that you provide all required supporting documentation and evidence.

Organize and label evidence by the guideline it meets.

Be sure to sign all of your forms.

Be sure that you mail all pages of the forms.

If you must change your form, we recommend that you begin with a new form, rather than trying to white out information, which can lead to scanning errors.

Mail your forms to the appropriate USCIS Lockbox.See the mailing instructions for Form I-821D. Include the required forms, fees and supporting documentation with your filing. Remember to carefully follow instructions and fully complete your forms. USCIS will not accept incomplete forms or forms without proper fee. USCIS will mail you a receipt after accepting your request. You may also choose to receive an email and/or text message notifying you that your form has been accepted by completing a Form G-1145, E-Notification of Application/Petition Acceptance.

Visit an Application Support Center (ASC) for biometric services.After USCIS receives your complete request with fees, we will send you a notice scheduling you to visit an ASC to for biometric services. If you fail to attend your ASC appointment, USCIS may deny your request for deferred action. Children under 14 in removal proceedings, with a final removal order, or with a voluntary departure order, and who are not in immigration detention, will appear at the ASC for photographs only.

Check the status of your request on Case Status Online.The 90-day period for reviewing Form I-765 filed together with Form I-821D begins if and when USCIS decides to defer action in your case.

Fee Exemptions

There are no fee waivers available for the deferred action for childhood arrivals process. Fee exemptions are available in very limited circumstances. Visit the Fee Exemption page for more details.

If USCIS Defers Action in Your Case

If USCIS defers action in your case and grants employment authorization, you will receive a notice of decision in writing and an Employment Authorization Document separately in the mail.

If USCIS Does Not Exercise Deferred Action in Your Case

If USCIS decides not to defer action in your case, you cannot appeal the decision or file a motion to reopen or reconsider. USCIS will not review its discretionary determinations.

USCIS will apply our policy guidance governing the referral of cases to U.S. Immigration and Customs Enforcement (ICE) and the issuance of Notices to Appear (NTA). Your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except where DHS determines there are exceptional circumstances. For more detailed information on the applicable NTA policy visit www.uscis.gov/NTA.

Administrative Errors

You may request a review using the Service Request Management Tool process if you met all of the process guidelines and you believe that your request was denied because of an administrative error. Examples of administrative errors include USCIS denying your request for deferred action because:

USCIS believes you abandoned your case by not responding to a Request for Evidence (RFE) and you claim that you did respond to the RFE within the prescribed time; or

USCIS mailed the RFE to the wrong address, even though you had submitted a Form AR-11, Change of Address, or changed your address online at www.uscis.gov before the issuance of the Request for Evidence.

To make a service request, you must call the National Customer Service Center at 1-800-375-5283. A USCIS customer service representative will then forward your request to the proper USCIS office. Your service request will be reviewed for accuracy and USCIS will send you a letter informing you of its decision.

The USCIS National Customer Service Center is now open Monday – Friday from 8 a.m. – 8 p.m. in each U.S. time zone.

To request that USCIS consider deferring action, on a case-by-case basis, based on guidelines described in the Secretary of Homeland Security’s memorandum issued June 15, 2012. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals who receive deferred action will not be placed into removal proceedings or removed from the United States for a specified period of time. Individuals filing Form I-821D must also file Form I-765, Application for Employment Authorization, and Form I-765WS, Form I-765 Worksheet.

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Law Office of Andy Miri serves individuals, families, and businesses throughout California including San Diego, Orange County, Los Angeles, Riverside, San Bernardino, the Bay area and beyond...

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.